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Constitutional Law

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2001

Articles 1 - 13 of 13

Full-Text Articles in Social and Behavioral Sciences

The True Constitutionalist, Raoul Berger, 1901-2000: His Life And His Contribution To American Law And Politics, Gary L. Mcdowell May 2001

The True Constitutionalist, Raoul Berger, 1901-2000: His Life And His Contribution To American Law And Politics, Gary L. Mcdowell

Jepson School of Leadership Studies articles, book chapters and other publications

When Raoul Berger turned ninety a little over a decade ago, he was presented with a book of letters from friends and admisrers. Those sending their good wishes were among America's most distinguished jurists, public officials and scholars, including Chief Justice William H. Rehnquist, former Attorney General Edwin Meese III and Professor Philip B. Kurland. The collection was introduced by a letter from former President Ronald Reagan.

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Free Speech, Toxic Tort, And The Battle Of Sugar Creek, Robert R.M. Verchick Jan 2001

Free Speech, Toxic Tort, And The Battle Of Sugar Creek, Robert R.M. Verchick

Robert R.M. Verchick

No abstract provided.

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Thick And Thin: Interdisciplinary Conversations On Populism, Law, Political Science, And Constitutional Change, Mark A. Graber Jan 2001

Thick And Thin: Interdisciplinary Conversations On Populism, Law, Political Science, And Constitutional Change, Mark A. Graber

Faculty Scholarship

No abstract provided.

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The Supreme Court As A Strategic National Policymaker, Lee Epstein, Jack Knight, Andrew D. Martin Jan 2001

The Supreme Court As A Strategic National Policymaker, Lee Epstein, Jack Knight, Andrew D. Martin

Faculty Scholarship

No abstract provided.

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Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Guy-Uriel Charles, Luis Fuentes-Rohwer Jan 2001

Challenges To Racial Redistricting In The New Millennium: Hunt V. Cromartie As A Case Study, Guy-Uriel Charles, Luis Fuentes-Rohwer

Faculty Scholarship

No abstract provided.

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The Legitimacy Of The Modern Militia, Jonathan Huber Jan 2001

The Legitimacy Of The Modern Militia, Jonathan Huber

Honors Theses

On May 16, 2001, barring any last minute court appeals, Timothy c Veigh will be executed for his role in the bombing of the Alfred P. Murrah Federal Building in Oklahoma City. He along with thousands of other Americans who have joined private armies, known as militia, to fight the American government share a common belief that the American government is corrupt at its core and actions such as this one are at the very least patriotic. To most Americans, however, acts such as the bombing of the Oklahoma City Federal Building are not only terroristic, but demonstrate the need …

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Givings, Abraham Bell, Gideon Parchomovsky Jan 2001

Givings, Abraham Bell, Gideon Parchomovsky

All Faculty Scholarship

Givings - government acts that enhance property value - are omnipresent. Givings and takings are mirror images of one another, and of equal practical and theoretical importance, but the Takings Clause of the Fifth Amendment has enabled takings to dominate scholarly attention. This Article makes the first step toward rectifying this disparate treatment by laying the foundation for a law of givings. The Article identifies three prototype givings: physical givings, regulatory givings and derivative givings. The Article shows that givings are a formative force in property, and that a comprehensive takings jurisprudence cannot be devised without an attendant understanding of …

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Law Enforcement By Stereotypes And Serendipity: Racial Profiling And Stops And Searches Without Cause, David Rudovsky Jan 2001

Law Enforcement By Stereotypes And Serendipity: Racial Profiling And Stops And Searches Without Cause, David Rudovsky

All Faculty Scholarship

No abstract provided.

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What's So Special About American Law?, William Ewald Jan 2001

What's So Special About American Law?, William Ewald

All Faculty Scholarship

No abstract provided.

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W(H)Ither Zschernig?, Carlos Manuel Vázquez Jan 2001

W(H)Ither Zschernig?, Carlos Manuel Vázquez

Georgetown Law Faculty Publications and Other Works

The author argues here that a declaration of victory by the critics of the dormant foreign affairs doctrine would be premature. Notwithstanding the Court's citation of Ashwander v. TVA, the actual grounds of the decision in Crosby were in no meaningful sense less "constitutional" in nature than a decision based on the dormant foreign affairs power would have been. Moreover, even though the Court said that its decision was based on a straightforward application of "settled ... implied preemption doctrine," the Court's preemption analysis was anything but ordinary. Indeed, Crosby's version of preemption analysis is subject to the …

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Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein Dec 2000

Toward A Comparative Economics Of Plea Bargaining (With Thomas Miceli), Richard Adelstein

Richard Adelstein

A comparison of adversarial and inquisitorial approaches to criminal adjudication and its implications for plea bargaining.

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The Role Of State Processes In The Production Of ‘Ethnic’ Conflict: The Nation-State Dialectic, Europeanisation And Globalisation, Nicos Trimikliniotis Dec 2000

The Role Of State Processes In The Production Of ‘Ethnic’ Conflict: The Nation-State Dialectic, Europeanisation And Globalisation, Nicos Trimikliniotis

Nicos Trimikliniotis

This paper sets out to theorise the production of ‘ethnic’ and ‘national’ conflict via the complex interrelation between ‘Nation’ and ‘State’, in what is termed as the nation-state dialectic. It considers the production of ‘ethnic conflict’ and the role of nationalism, the state and class politics. It theorises the State as a social relation and as a power structure and then proceeds in linking it to the emergence of the nation-state construct. In theorising ‘the State’, the attempt is to go beyond considering it merely as a juridical-legal apparatus of power in a given territory, but to explore it also …

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Europeanisation And Modernisation: Locating Cyprus In The Southern European Context, Nicos Trimikliniotis Dec 2000

Europeanisation And Modernisation: Locating Cyprus In The Southern European Context, Nicos Trimikliniotis

Nicos Trimikliniotis

The question of ‘modernisation’ of the state in Cyprus has recently received a great deal of attention in Cypriot politics. During the last Parliamentary elections in May 2000, the question of ‘modernisation’ entered the political dictionary of the mainstream parties. All political forces professed to be ‘European’, they pledged commitment to the EU accession process and the debate over ‘modernisation’ was closely linked to the policies of harmonisation with the EU in the light of accession. However, little critical work exists to examine Europeanisation that assesses the specific policies employed, the policy goals and kind of issues the processes entails. …

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